State v. O'ROURKE

LEWIS, Judge.

Defendant appeals from a conviction of driving while impaired (“DWI”). Defendant was arrested on 28 August 1992, and he refused to submit to a chemical analysis test known as a “breathalyzer”. On 10 September, defendant was notified that his North Carolina driving privilege would be revoked. Defendant then requested a revocation hearing before the Division of Motor Vehicles (“DMV”), pursuant to N.C.G.S. § 2046.2(d) (1993). The hearing was held in December of 1992. After the hearing, DMV rescinded defendant’s revocation. On 10 March 1993, defendant’s jury trial on the DWI charge…